housing services act overview. january 1, 2012 housing service act (hsa) comes into force hsa...
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Housing Services Act
Overview
January 1, 2012
Housing Service Act (HSA) comes into force
HSA Regulations come into force
Social Housing Reform Act is repealed
Housing Services Act
Part I Purpose and Interpretation
Part II Provincial Policies and Local Plans
Part III Service Managers
Part IV Local Housing Corporations
Part VRent-Geared-to-Income and Special Needs Housing
Housing Services Act
Part VIGeneral Rules for Transferred Housing Programs
Part VII General Rules for Certain Housing Projects
Part VIII Payment of Certain Housing Costs
Part IX Housing Services Corporation
Part X Miscellaneous
HSA - Regulations
O.Reg. 367/11 General
O.Reg. 368/11Designated Housing Projects – Section 68 of the Act
O.Reg. 369/11 Subsidies for Part VII Housing Projects
O.Reg. 370/11High Needs Households and Household Income Limits – Section 40 (4) of the Act
O.Reg. 298/01Determination of Geared-to-Income Rent under Section 50 of the Act
Housing Services Act
Purpose of the HSA is to provide for:
community based planning and delivery of housing and homelessness services
flexibility for service managers and housing providers in social housing administration
Housing and Homelessness Plans
Service manager must have 10 year housing and homelessness plan
Reviewed at least every 5 years
Plan will assess need, set priorities, and establish objectives, targets and performance measures
Development of initial plan and any amendments to it must include public consultation
Housing and Homelessness Plans
Plan must incorporate matters of provincial interest
Active engagement of non-profit and co-operative housing providers in local strategies
Consultations
Social Housing Advisory Group
Plan must be approved and in place no later than January 1, 2014
Application of HSA
Designated housing providers under section 68 of the HSA include all providers for all programs transferred to service manager under SHRA
Part VII providers are subsidized under the HSA funding model and are required to operate in accordance with Part VII of the HSA
HSA is silent on the end dates for the service manager’s duty to pay subsidy and for the provider’s obligation to comply with Part VII of the HSA
Restrictions
Section 162 of the HSA requires housing providers have consent for the following transactions:
Service manager consent to mortgage a housing project or its land
Minister’s consent to transfer a housing project or its land
Similar restrictions were to have been registered on title under SHRA – deemed to have been changed under HSA
Will be reviewed at next Operational Review
Duty of Housing Providers
Section 69 of the Housing Services Act sets out general duties of housing providers:
General management of housing projects
Collection of rent and administration of leases
Provision of information to service manager as required
Preparation and implementation of plans related to governance and operation of provider
Section 75 of the HSA, allows the service manager to set local standards for housing provider operations
Housing Services Act
Housing Provider Plans
Housing Provider Plans
Housing providers must have plans for:
training of staff and volunteers
board succession strategies
education of members about governance of housing co-ops
Applies to all housing providers
Questions
1. What are the key considerations in the development and implementation of the housing provider plans?
2. What resources are available to providers in the development and implementation of the housing provider plans?
3. What supports will housing providers need from the Region of Durham in the development and implementation of the housing provider plans?
Housing Services Act
Housing Provider Standards
Housing Provider Standards
Service managers may set housing provider standards: (O. Reg. 367/11, s. 100)
Conflict of interest
Minimum number of Board meetings
Remuneration of directors
Property management
Leases
Multi-year financial plans
Applies to Part VII providers only
Conflict of Interest
Directive 2002-03 Conflict of Interest
Prohibits conflict of interest for directors, officers, agents and employees of provider:
business or personal interests conflict with provider
gain, benefit, privilege due to decision of provider
Notice to Board of all potential conflicts
Records of conflicts including minutes
Resolution of conflicts and involvement of Housing Services
Minimum Number of Board Meetings
Four per year under SHRA
No provincial standard under HSA
Remuneration of Board Members
Under SHRA, remuneration prohibited except for reasonable expenses
Under SHRA, paid employment prohibited except if:
Resident and employed part-time or temporarily
Non-resident and non-supervisor / non-management and:
not more than one fifth of directors are employed
if less than 5 directors, only one is employed
No provincial standard under HSA
Property Management
Projects must be well managed, in satisfactory state of repair and fit for occupancy
Only provincial standard under HSA – same as SHRA
Under SHRA, open and competitive hiring and procurement practices
Exceptions to open and competitive procurement practices if service manager agrees that such a process is not reasonable
Property Management (cont’d)
Under SHRA, property management contracts:
Maximum 3 years
Renewable
Able to be terminated in 60 days or 30 days for breach of contract
Set out goods and services to be provided by PM service and amount to be paid provider
Non- assignable
Provider must be given notice if control of property management corporation changes
Leases and Housing Agreements
Directive 2006-01 – Leases and Housing Agreements
Lease signed by all household members over age 18 or whose income is used to calculate RGI
Directive 2009-02 – Lease and Housing Agreement Provision Regarding Arrears
Provision in lease for sharing of arrears information with:
the Region of Durham access centres under SHRA SHSC a credit information company
Leases and Housing Agreements
SHRA standards required that the lease not exceed one year:
Set out market rate for unit
Set out RGI for one month / subject to change
Set out all other allowable charges for the unit
Restrict occupancy of unit
Require household notice if occupants change
Provider cannot refuse vacant possession if household agrees to payment schedule for unpaid charges at lease signing (e.g. last months rent)
Leases and Housing Agreements
Provincial standards for leases under the HSA:
must have a lease before providing RGI
notice of market rent prior to receiving RGI
cannot refuse to enter into a lease if household agrees to a payment schedule for unpaid charges at lease signing
Multi-year Financial Plans
No provincial standards under SHRA or HSA
Encouraged as a best practice
Housing Services Act
RGI, Waiting Lists, Regional Reviews and Special Needs Housing
Housing Services Act
Comes into force January 1, 2012
Replaces the Social Housing Reform Act
Part V – Rent-geared-to-Income Assistance and Special Needs Housing
Part X – Miscellaneous
Review of Certain Decisions – sections 155 - 159
Dealing with Information – sections 144 - 147
Housing Services Act - Regulations
Ontario Regulation 367/11 – General
Part VI – Rent-geared-to-Income Assistance and Special Needs Housing
Part XI – Miscellaneous
Ontario Regulation 298/01 – Determination of Geared-to-Income Rent Under Section 50 of the Act
Transition regulation
Housing Providers
RGI, Special Needs Housing and Review provisions apply to:
DRLHC
Part VII housing providers
Rent supplement including OCHAP and CSHP
Wider application - prohibition re: obtaining assistance, assistance improperly received, ERO, FSW
Dealing with Information provisions apply to all transferred housing programs
Service Agreements
Similar to SHRA, HSA gives service manager responsibility for RGI and wait list administration
Under Service Agreements with providers, the Region of Durham delegates authority under HSA for:
Determination of RGI eligibility
RGI calculations
Directives, memos, policy direction
New service manager rules required under HSA
RGI training
RGI Eligibility – Provincial Rules
At least one member of the household is over the age of 16 and able to live independently
All members of the household must be a:
Canadian citizen
Permanent resident or applicant for permanent residence
Refugee claimant
No enforceable removal order
RGI Eligibility – Provincial Rules
No arrears owing for rent, damage by current member of the household, or misrepresentation with respect to a previous social housing tenancy unless:
Repayment agreement
Reasonable efforts to obtain a repayment agreement
Extenuating circumstances
Special priority applicants are responsible for only half the arrears on a joint tenancy with the abuser
RGI Eligibility – Provincial Rules
Divestment of property remains a provincial rule
Property suitable for year round occupancy must be divested within 180 days of move-in
May extend time frame
12 month rule remains a provincial rule
RGI households that pay equivalent to market rent for 12 consecutive months are no longer eligible for RGI
RGI Eligibility – Provincial Rules
Service manager may require pursuit of income:
Ontario Works
Employment Insurance
Support payments
OAS/GIS/GAINS
Sponsorship income
Pursuit of CPP is no longer required
Guidelines to be developed
RGI Eligibility – Local Rules
Income limits
New exclusion for income from the service manager toward the household's savings goals (asset building)
Memo 03-01 Income Limits
Modified to reflect changes in HILs
RGI Eligibility – Local Rules
Asset limits
Clarifies that only one vehicle per member is excluded
New exclusions for all RESP funds and the value of asset building accounts
Directive 2002-17 Asset Limits
Ensure ALL RESPs are excluded under asset limits
RGI Eligibility – Local Rules
No provincial ineligibility for convictions for fraud or misrepresentation, but service manager can set a local rule
Conviction must have occurred no more than two years before determination of RGI ineligibility, and be for an offence under:
the SHRA or HSA
Criminal Code in relation to receiving RGI
DASH to exclude LTB decisions
RGI Eligibility – Local Rules
Service manager can have a local rule regarding absence from unit
Maximum absence cannot be less than:
60 consecutive days; and/or
90 days in a year
Exceptions for absences due to medical reasons
Directive 2002-16 Absence from Unit
RGI Eligibility – Local Rules
No provincial ineligibility regarding number of offers
Service manager can make a local rule
Minimum 3 offers
Circumstances where an offer is not counted
DASH to continue with current practice of three offers pending review
Notification of Changes
Household must report changes within 30 days (or longer per service manager)
increased from 10 days (or longer)
letters do not refer to 10 day time limit
Directive 2002-04 (revised) Notification of Changes by Households Receiving RGI Assistance
Failure to Provide Information
Household must provide all information requested to determine RGI eligibility or RGI payable
No minimum provincial requirement
Provider to determine reasonable time frame for requested information
Allow for extenuating circumstances
Occupancy Standards
Service manager must have a local rule for occupancy standards
Local occupancy standards under HSA must make exceptions for:
medical/disability reasons
full time students living away from the household
Directive 2003-02
Occupancy Standards - Overhoused
Moving overhoused households is no longer a provincial requirement, but service manager may have a local rule
Local rule must ensure that overhoused households are not ineligible for RGI if:
overhoused for less than a year
following service manager process to transfer
Directive 2006-03 Overhoused Households to be amended
Review internal transfer lists
Review of RGI Eligibility
RGI eligibility reviewed every 12 months
Similar to SHRA, information is not required if:
service manager believes household is unable to provide
living in alternative housing and unable to provide
special priority could be at risk of abuse if provided
Review annual review forms and letters to ensure they reference HSA and not SHRA
RGI Waiting List
DASH continues to manage RGI waiting list
Region of Durham / DASH to develop system and rules per HSA:
System must include a centralized waiting list of new RGI applicants and RGI transfer requests
DASH determines priority on the waiting list
Applicants on waiting list under SHRA must be maintained
RGI Waiting List - Options
Option 1
Select highest priority household
Current system
Option 2
Select highest priority household that expressed interest in a vacancy
Vacancy information must be made available to all households eligible for unit
RGI Wait List - Priorities
Provincial Priority
Special Priority for victims of violence
Chronological according to date of application or request for transfer
Local Priority
Directive 2003-01 In-situ Priority
Directive 2004-03 Critical Priority
Memo 02-02 Transition to New Local Priorities
Internal Transfers
Providers may select an internal transfer for a vacant unit before proceeding to the RGI waiting list
Internal transfer requests – within the same provider – who are eligible for Special Priority have highest priority for the internal transfer
Provider determines priority of all other internal transfers requests
In-Situ Applicants
Service manager must have a rule for in-situ applicants
Provider may select a current market tenant for a vacant unit with service manager approval
Priority applies only with respect to other in-situ applicants in same project
Directive 2003-01 In-situ Priority
Transfers from Outside Service Area
Service manager may set a rule to allow for a transfer from outside service area
without regard to wait list or priority
if the applicant is RGI eligible in service area
if transfer is part of an exchange agreement with another service manager
Durham will not be setting this rule at this time
Refusals to Offer
Service manager must have a local rule permitting a refusal to offer when: household does not meet mandate of the project based on rental history, the housing provider
reasonably believes that the household may not pay rent on time and in full
it is unreasonable for the household to reside in the shared accommodation
the modifications or support services are significantly greater or less than what is required (special need housing only)
Refusals to Offer (cont’d)
Local rule must also require housing provider to:
notify the household of the refusal
review the decision to refuse if requested by the household
Notice and review rules apply to first refusal only
Records must be kept for 5 years
Guidelines to be developed
RGI Calculations
RGI calculations are unchanged
Ontario Regulation 298/01
sections 46 to 53
social assistance tables
utility tables
Annual tax-based RGI calculation still under review
Directive 2004-04 Quarterly reporting to be reviewed
Notice of Decisions
Notice of RGI decisions must be given in 7 days and must include:
the date of the decision
whether a review can be requested
if a review can be requested, the reasons for the decision and information about how to request a review
Effective Dates of RGI Changes
If RGI changes as a result of an annual review:
RGI increase is effective the 1st day of the second month following the date of notice
RGI decrease is effective the 1st day of the month following the date of notice
If RGI changes due to a mid year change:
RGI increase is effective the 1st day of the second month following the change
RGI decrease is effective the 1st day of the month following the change
Effective Dates of RGI Decisions
An RGI decision is effective on the later of the day in the notice and the day immediately after the last day for requesting a review
90 day notice of RGI eligibility
Opportunity to Comment
Opportunity to comment is no longer required
Apply procedural fairness when decisions are based in part on third party information
Complete information
All aspects considered
Regional Reviews / Appeals
Service manager must establish a review body to review certain decisions:
RGI eligibility and ineligibility
RGI payable
Application of occupancy standards
Priority on the RGI waiting list
Eligibility and ineligibility for special needs housing
Priority on the special needs housing waiting list
Regional Reviews / Appeals (cont’d)
Members of the review body must:
be knowledgeable about HSA
not have participated in original decision
not have discussed original decision prior to review
Local rules must set out timelines:
to request review – 10 days
to complete review – 30 days
for notice of decision – 5 days
Regional Reviews / Appeals (cont’d)
Directive 2004-01 Regional Review Process
Memo 06-07 Regional Review Process – Timeline Changes
Incorporates period of reconsideration
10 days
2 days for SPP
Approximately 30 reviews annually
Panel membership
Special Needs Housing
Special Needs Housing Administrators are:
Service managers
Supportive housing providers set out in Schedule 3 of O. Reg. 367/11
Administrator manages eligibility, waiting lists and sets local rules
Households living in modified or supportive units immediately receive RGI once determined eligible
Special Needs Housing Administrators
SCHEDULE 3HOUSING PROVIDERS THAT ARE SPECIAL NEEDS HOUSING ADMINISTRATORS (SECTION 17)
Item Service Manager Housing Provider/Special Needs Housing Administrator
6. Regional Municipality of Durham Borelia Co-operative Homes Inc.
7. Regional Municipality of Durham Cornerstone Community Association Durham Inc.
8. Regional Municipality of Durham Duffin’s Creek Co-operative Homes Inc.
9. Regional Municipality of Durham Durham Christian Homes Inc.
10. Regional Municipality of Durham Durham Region Non-Profit Housing Corporation
11. Regional Municipality of Durham Gateway Community Homes (Durham) Inc.
12. Regional Municipality of Durham Harmony-King Co-operative Homes Inc.
13. Regional Municipality of Durham Heritage Community Housing Corporation
14. Regional Municipality of Durham Maple Glen Housing Co-Operative
15. Regional Municipality of Durham Sunrise Seniors Place (Oshawa-Durham) Inc.
Special Needs Housing (cont’d)
Special Needs Housing Administrator must have a system for the selection of households waiting for special needs housing
wait list for each project
must select highest priority applicant that is eligible for modifications or supports of special needs unit
only Special Priority applies
DASH is responsible for modified units
Next Steps
Housing and Homelessness Plans
Consultations
Housing Provider Standards
Review for local decisions
RGI Training and New Rules
Housing Provider Plans
Operational reviews
Social Housing Advisory Group